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INITIATION OF CODE CHANGES TO REGULATE MINIATURE GOLF COURSES AND <br />OTHER UNENCLOSED COMMERCIAL AMUSEMENTS <br />The Board reviewed the following memo dated 6/26/89: <br />TO: The Honorable Members of Board of County Commissioners <br />DIVISION HEAD CONCURRENCE: <br />Ro ert M. Reati g, (CP <br />Community Development Director <br />FROM: Stan Boling, AICP <br />Chief, Current Development <br />DATE: June 26, 1989 <br />SUBJECT: REQUEST TO DIRECT STAFF TO INITIATE CODE CHANGES TO <br />REGULATE MINIATURE GOLF COURSES AND OTHER UNENCLOSED <br />COMMERCIAL AMUSEMENTS <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of July 11, 1989. <br />DESCRIPTION AND CONDITIONS: <br />The County's existing zoning code regulates "unenclosed commercial <br />amusement" uses, which are specifically defined to include <br />"...drive-in theaters, miniature golf courses, golf driving <br />ranges, animal or vehicular race tracks, amusement parks and <br />stadiums". Presently, unenclosed commercial amusements are <br />allowed by special exception in the CH zoning district, and as <br />permitted uses in the IL and IG districts. Commercial amusement <br />uses are permitted in the CG district "... excluding drive-in <br />theatres and similar unenclosed commercial amusement facilities". <br />Until a recent court decision and subsequent action by the Board <br />of Zoning Adjustment, staff had interpreted the CG district <br />exclusion to prohibit unenclosed commercial amusements such as <br />drive-ins and miniature golf courses in the CG district. However, <br />a site plan applicant owning CG zoned property upon which he <br />intends to build a miniature golf course, appealed staff's inter- <br />pretation to the Board of Zoning Adjustment which upheld staff's <br />position in September 1988. The applicant appealed the Board of <br />Zoning Adjustment's decision to the circuit court and in April <br />1989 the court rendered a decision which considerably narrowed the <br />County's ability to prohibit unenclosed commercial amusement <br />projects from the CG district. The Court's decision stated that <br />only uses demonstrated by the County to be similar to drive-in <br />theaters could be excluded from the CG district. Upon re -hearing <br />the original appeal under the Court's guidelines, the Board of <br />Zoning Adjustment found (at its June 1989 meeting) that miniature <br />golf course uses are not similar to drive-in theater uses. <br />ANALYSIS: <br />The result of the recent Court ruling and Board of Zoning Adjust- <br />ment determination is that County regulation of unenclosed commer- <br />cial uses in the CG district is now shaky at best. Furthermore, <br />the result of these decisions is that a miniature golf course may <br />be built as a permitted use in the CG district while a similar <br />JUL 11 1999 36 MCI � <br />